Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

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Igor Ellyn,

QC, CS, FCIArb.

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611 | 416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

Case #050E – Goberdhan v. Knights of Columbus

June 30, 2022

ONTARIO - Where there was no consideration for a contract containing a mandatory arbitration clause, the Court exercised its discretion to refuse to stay the action under s. 7(2) the Arbitration Act, 1991, S.O. 1991, c.17 on the basis that the arbitration clause was invalid. Section 7(1) of the Act applies to cases where the interpretation of the arbitration clause is at issue, not where the clause’s very existence is questioned.

Case #049E – Dufferin v. Morrison Hershfield

June 30, 2022

Application to remove a sole arbitrator of a complex construction dispute due to alleged apprehension of bias dismissed. The Arbitrator was selected for his construction expertise and was permitted to question witnesses and ask questions at any time during the hearing under a procedural order. The arbitrator’s interventions, unlike interventions by a trial judge, were not evidence of bias.

Case #048E – Force One Marketing et al. v. Rritual Superfoods

June 30, 2022

ONTARIO - Forum Non Conveniens -The Ontario Court had jurisdiction to hear a contract dispute on the basis that the Ontario Court has jurisdiction simpliciter over the subject-matter of the contract, even though the defendant did not have a substantial connection with Ontario. A BC forum selection clause in a related agreement was not binding on the plaintiff. The defendant failed to prove that Ontario was not the forum conveniens to hear the dispute.

Case #047D – Aquanta Group Inc. v. Lightbox Enterprises Ltd.

June 30, 2022

ONTARIO - In a second arbitration between the same parties, the Court rejected the claimant’s request to appoint the same arbitrator on the basis that vocal objection to the appointment of a “repeat arbitrator” should be taken seriously and there was no identifiable advantage for the re-appointment.